The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 3) Order 1992

Statutory Instruments

1992 No. 1485

SEA FISHERIES

The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 3) Order 1992

Made

22nd June 1992

Laid before Parliament

23rd June 1992

Coming into force

24th June 1992

The Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with sea fishing in Scotland, Wales and Northern Ireland, in exercise of the powers conferred on them by section 30(2) and (3) of the Fisheries Act 1981(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Title, commencement and interpretation

1.—(1) This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 3) Order 1992 and shall come into force on 24th June 1992.

(2) In this Order “the principal Order” means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986(2).

Amendment of the principal Order

2.  The principal Order shall be amended by substituting in article 2 thereof (interpretation) for the definition of the Council Regulation the following definition—

““the Council Regulation” means Council Regulation (EEC) No. 3094/86 laying down certain technical measures for the conservation of fishery resources(3), as amended by Council Regulation (EEC) No. 4026/86(4), Council Regulation (EEC) No. 2968/87(5), Council Regulation (EEC) No. 3953/87(6), Council Regulation (EEC) No. 1555/88(7), Council Regulation (EEC) No. 2024/88(8), Council Regulation (EEC) No. 3287/88(9), Council Regulation (EEC) No. 4193/88(10), Council Regulation (EEC) No. 2220/89(11), Council Regulation (EEC) No. 4056/89(12),

Council Regulation (EEC) No. 3500/91(13), Council Regulation (EEC) No. 345/92(14) and Council Regulation (EEC) No. 1465/92(15);”

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd June 1992.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

18th June 1992

David Hunt

Secretary of State for Wales

18th June 1992

Patrick Mayhew

Secretary of State for Northern Ireland

19th June 1992

Explanatory Note

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986, as amended, ( “the principal Order”), which makes provision for the enforcement of certain of the enforceable Community restrictions and obligations concerning technical measures for the conservation of fishery resources which are contained in Council Regulation (EEC) No. 3094/86, as previously amended. The principal Order creates offences in respect of breaches of the provisions of that Council Regulation referred to in column 1 (and briefly described in column 2) of Schedule 1 to that Order and in article 3(2) of that Order. The principal Order also specifies penalties for such offences and confers powers of enforcement.

In consequence of that Council Regulation having been amended by Council Regulation (EEC) No. 1465/92, this Order further updates the definition of “the Council Regulation” in article 2 of the principal Order (interpretation). The amendments made by Council Regulation (EEC) No. 1465/92 relate to the use of nets of certain minimum mesh sizes by vessels fishing for certain species in certain areas until 31st December 1992.

(1)

1981 c. 29.

(2)

S.I. 1986/2090, amended by S.I. 1992/1084.

(3)

OJ No. L288, 11.10.86, p. 1.

(4)

OJ No. L376, 31.12.86, p. 1.

(5)

OJ No. L280, 3.10.87, p. 1.

(6)

OJ No. L371, 30.12.87, p. 9.

(7)

OJ No. L140, 7.6.88, p. 1.

(8)

OJ No. L179, 9.7.88, p. 1.

(9)

OJ No. L292, 26.10.88, p. 5, as corrected in OJ No. L8, 11.1.89, p. 22.

(10)

OJ No. L369, 31.12.88, p. 1.

(11)

OJ No. L211, 22.7.89, p. 6.

(12)

OJ No. L389, 30.12.89, p. 75.

(13)

OJ No. L331, 3.12.91, p. 2.

(14)

OJ No. L42, 18.2.92, p. 15.

(15)

OJ No. L155, 6.6.92, p. 1.